Long Island Workers’ Comp Lawyer
Skilled Workers’ Compensation Lawyers Serving Long Island, NY
It is important you understand your legal rights in case you suffer a job-related injury on Long Island. A Long Island Workers’ Comp Lawyer can help explain this complex area of law and guide you safely through all the pitfalls that may arise to ensure that you receive all the compensation you are entitled to.
With over two decades of experience, several million-dollar verdicts and settlements and over two hundred five-star ratings, Palermo Law knows how to win Long Island work injury cases.
At Palermo Law, we assist in all areas of injury litigation. From the initial call to the resolution of your claim, we will complete all necessary forms, conduct a thorough investigation of the facts, engage in settlement negotiations and if necessary, fully litigate the matter in court.
The Long Island work injury lawyers at Palermo Law are available for a free initial consultation in any of our six locations including Hauppauge, Huntington, Babylon, Patchogue, Riverhead, and Garden City. We can even meet at your home if you are unable to make it to one of our offices. Best of all, there is never a fee unless we win your claim.
When should I speak with a Long Island work injury lawyer?
If you suffered an injury and believe that a party other than your employer was responsible, it’s a good idea to speak to a Long Island work injury lawyer. Examples of cases where you may be able to receive additional damages beyond what workers’ compensation pays are as follows:
- You drive for a living and were injured in an accident caused by another driver.
- You deliver goods and fall on a defective condition on someone’s property.
- You are a machine operator and are injured by a defective product.
- You fall at your place of employment due to a dangerous condition and your employer is not the owner of the premises.
In any of these situations, it may be possible to receive additional financial damages from the at-fault party. Of course, every situation is unique and it is always a good idea to consult with a lawyer to see if you have a case.
Compensation for a Long Island Work Injury
The first source of recovery that you are entitled to when injured on the job is workers’ compensation insurance. This type of insurance is meant to protect employees that are hurt or become ill as a direct result of their employment. All employers are required to carry insurance to protect employees from the financial hardships of suffering a job related injury. Your employer’s insurance will reimburse you for medical bills and a portion of your lost wages. Your employer’s insurance policy will not compensate you for pain and suffering.
In certain situations, you may be able to pursue a claim for additional damages such as pain and suffering, mental distress, and loss of enjoyment of life. This is typically possible when the accident was caused by someone other than your employer or co-workers. If you suspect that your accident was caused by a third party, it’s advisable to seek the guidance of a lawyer to explore your legal options. You may be entitled to compensation for your pain and suffering, as well as any wages that were not covered by your employer’s insurance policy.
Tips following an injury at work
- Get immediate medical attention for all of your injuries even the ones that you believe are minor. It’s best to make sure you are ok. But also those minor injuries could blossom into major problems. So, it’s best to get them documented right away so you don’t have any issues with the insurance carriers later on.
- Report your accident to your employer. Since you were hurt on the job, it’s your employer’s compensation insurance that is your primary source of coverage for your medical bills and lost wages. Failing to report the accident could jeopardize your coverage and leave you holding the bag.
- Take photos and videos of the incident location and your injuries. These photos and videos may become important later on should you decide to seek damages from the party responsible for your incident.
- Don’t give statements to the responsible party’s insurance company investigators. Sometimes if you are hurt on the job there is another party at fault. For example, if you drive for a living and are rear ended by another motorist. You should not speak to that person’s insurance company. If they are contacting you, it is to protect their financial interests. They do this by using your statements against you. So, it’s best not to cooperate with them.
- Speak to a qualified Long Island work injury lawyer. It’s possible that you may be entitled to a financial recovery beyond what your employer’s compensation insurance will pay you. Only a qualified attorney can answer that question for you.
Attorney Steven Palermo answers your questions
What Should I Do If I’m Injured On The Job?
Firstly, it’s imperative that you report your incident to your employer as quickly as possible to protect your right to workers’ compensation. Next, you should file a claim with the workers’ compensation court or industrial court in New York City. The court and your employer’s insurance company will then have notice of your incident.
Your legal rights if you are injured on the job:
- If your injury or illness leaves you unable to work, temporarily or permanently, you have the right to some sort of disability reimbursement.
- If you disagree with any decision made by your employer, their insurance company, or the workers’ compensation court, you have the right to appeal that decision.
- You have the right to be represented by a lawyer throughout the entire process.
- Your employer may encourage you to use your own health insurance to cover your medical bills as opposed to their compensation insurance. You have the right to say no.
- Your employer may also try to incentivize you in hopes that you won’t file a claim through them. They may even try to bribe you. This is illegal, but not uncommon. You have the right to say no.
- It’s also illegal for your employer to make you fear any sort of reprisal for filing a claim with their insurance carrier, and that is also illegal. If your employer intentionally makes it difficult for you to exercise these rights, they can face severe penalties.
Do I Have the Legal Right to File a Lawsuit For My Job Injury?
You are generally barred from suing your own employer. However, when a third party’s negligence (not your employer’s) causes your accident, you may be able to bring a lawsuit against them. For example, if you are injured by a faulty piece of equipment manufactured by a company other than your employer, you can file a lawsuit against that company in order to obtain monetary recovery for your losses. Compensation will cover medical expenses and lost wages (economic damages), but will not pay for your pain and suffering (non-economic damages). In a lawsuit, you can seek non-economic damages in addition to economic damages.
What is the Difference Between a Workers’ Compensation Claim and a Personal Injury Claim?
Typically, if you are injured because of someone else’s negligent actions, you would file a personal injury claim. When this happens at your employment however, you must place a claim for Worker’s Compensation benefits in addition to a personal injury claim. It’s important to know the differences between a Workers’ Compensation claim and a Personal Injury claim in order for you to understand what you’re entitled to and from what parties you may receive certain types of recovery for damages such as lost wages, medical bills, pain and suffering, etc.
You typically cannot file a law suit against your employer or coworkers. However, you can receive reimbursement for lost wages and medical bills through a Worker’s Compensation claim no matter who is at fault for your incident, as long as it happened while you were on the job.
Under law, all of your medical bills are covered as long as you meet the requirements set forth by the New York State Workers’ Compensation Board. You may be required to undergo periodic independent medical examinations by medical providers affiliated with your employer’s insurance carrier.
The medical exams will determine your percentage of disability, which factors into how much you receive in lost wages. What you receive in terms of lost wages is based on a simple equation. You receive two-thirds of your weekly salary multiplied by the percentage of disability based on the medical exams. So, if you make $600 a week and are deemed 50% disabled, your Workers’ Comp reimbursement would be $200 a week ((600* ⅔)*50%). Additionally, compensation insurance does not account for noneconomic losses such as pain and suffering.
In order to pursue a personal injury claim for an injury on the job, there needs to be a third party’s negligence involved. For instance, if you are a truck driver, and another car strikes your truck and you become seriously injured, you can file a personal injury claim against the driver (as well as a Worker’s Compensation claim against your employer). With a personal injury claim, it is possible to recover losses that a Worker’s Comp claim won’t cover, such as pain and suffering, additional recovery for lost wages and out-of-pocket expenses.
How Much Does Your Law Firm Charge to Handle a Case?
We do not charge an upfront fee to represent individuals that have been injured from a job related incident. We operate on a contingency basis, which means we only charge a fee if we win your claim either by way of trial or settlement. Further, we lay out all of the expenses in the case as it is progressing and only get reimbursed once the case is settled. We also offer each potential client a free no obligation initial consultation to discuss your case.
It is our goal to remove all financial impediments to your ability to hire a lawyer. It is our belief that every accident victim should have the right to legal representation. It is likely impossible for an injured person to pay an hourly rate to a lawyer for an accident claim, especially if they are unable to work. By operating on a contingency basis our clients can rest assured that they have received knowledgeable aggressive representation against the responsible party’s insurance company without the worry of paying an hourly rate of several hundred dollars.
How Long Does a Long Island Work Injury Case Take?
It is hard to estimate the length of time any accident case will take. However, it is safe to say that the earliest that a case is likely to settle is after you have made a full recovery or at least until your doctors have determined that you will not make a full recovery and are able to estimate what your disabilities will be moving forward.
However, injury claims often are complex, due to the fact that multiple parties may be involved or are at fault. So, it is very possible that a case may last longer than your recovery period. But it is our practice to aggressively litigate every case in an attempt to bring the claim to a resolution in the least amount of time possible.
What Type of Long Island Work Injury Cases Do You Handle?
We handle all types of job related injury claims. But, some of our more common types of cases include car accident injuries for those who drive for a living, injuries on someone’s property while delivering goods, defective machinery, or injuries at your place of employment where your employer is not the owner.
What should I Bring to my Initial Consultation?
There is nothing that you need to bring to the consultation for your employment injury case. However, there are a few things that will help us to better assess your claim more accurately. First, it is a good idea to bring information as to the location of the accident. Second, the names of the owner of the premises or driver of the vehicle that caused the accident along with their information. Also, any photographs depicting the cause of your accident or the injuries that you suffered would be helpful. A list of doctors that you are seeing is also helpful. Finally, the names of any witnesses would also be useful.
What Should I Expect Once I Hire Your Law Firm For My Case?
The first thing that our law firm will do is complete a full investigation of your accident which includes gathering all insurance information from the responsible parties, gathering evidence and witness statements, and gathering all medical evidence of your injuries.
After the investigation is finished, we will proceed with initiating a lawsuit against the responsible parties and litigate the case in court by conducting discovery. Once discovery is complete, we will work towards obtaining a trial date. Finally, if the insurance company of the responsible party is unwilling to pay a fair amount of money for your injuries, we will try the case and attempt to get a verdict that adequately pays you for the injuries that you suffered from being injured on the job.
How Will I Pay for my Medical Bills Following a Work Related Injury?
In most instances, if you were employed by a company, you will be able to make a claim for workers’ compensation benefits through your employer’s insurance carrier. That insurance will pay for all of your accident related medical expenses as well as lost wages. However, once your case is settled with the responsible party’s insurance carrier, your compensation insurance carrier will be entitled to be reimbursed from your proceeds. So, it is important to calculate the amount of money due back to workers’ compensation and make sure it is included in your settlement. For example, if your compensation insurance carrier is entitled to receive $10,000 for reimbursed medical expenses and lost income payments, we should increase the amount of your personal injury settlement demand to account for that money. Failing to do so, will affect your net settlement amount for your lawsuit.
At Palermo Law, we are experienced in making sure that all of your reimbursable liens are taken care of and contemplated prior to settlement. This way there are no surprises and you know that your settlement is your money and not owed to other parties.
Why Hire a Palermo Law Firm?
- We offer all potential Long Island work injury clients a free no obligation initial consultation at any of our six locations
- We operate on a purely contingent basis meaning we never charge a fee unless we recover money for you
- We have over two decades of experience handling all types of accident claims on Long Island
- We have recovered millions of dollars for our clients
- We have over two hundred five star reviews on websites such as Google, Avvo, Lawyers.com, Facebook and Yelp
About our Long Island Work Law Firm:
We are a true Long Island work injury law firm. With two decades of experience, Long Island work injury attorney Steven Palermo heads the legal team at Palermo Law. He personally handles each client’s case from its inception through conclusion. He has litigated hundreds of claims and won several million dollar verdicts and settlements for his clients. He has a passion for helping injured people find justice in their fight against large multi-million-dollar insurance companies that try and minimize his client’s injuries. If you or a loved one has suffered serious injuries as a result of another person’s negligence and would like schedule a free case evaluation from an experienced Long Island work Injury Attorney, call or email us today.
We can also arrange an in home or hospital consultation with you. Further, we handle all cases on a contingency basis meaning we never charge a fee unless we win your case.
SERVICES WE PERFORM
- We will conduct a full investigation into the facts of your accident
- We will determine all possible sources of insurance and file claims on your behalf
- We will conduct all communications with the insurance carriers on your behalf
- We will handle all negotiations for you with all parties involved in the case
- We will draft all legal documents on your behalf and litigate your case in court, if necessary
FOCUSED ON HELPING THE INJURED
We believe that Long Island work injury law is complicated. It’s hard to be good at it, if you are not focused on it. That is why our Long Island work injury lawyers are fully focused on accident claims. Our managing partner, Steven Palermo has been exclusively handling negligence cases for over two decades. He has an extensive background in job accident cases and has obtained several million dollar settlements for his clients. It is his laser focus that has enabled him to be successful in this area of the law.
We offer every potential client a free, no obligation consultation at any of our six locations throughout Long Island. During the consultation, we will discuss your case in detail and give you our opinion on the chances of success. We will also discuss our potential strategy and our process for handling your claim. If after fully discussing your claim, we feel it is a good fit for our law firm, we will discuss our fees and give you the option of moving forward with us as your lawyers.
One of our attorneys along and case manager will meet with you for a free initial consultation taking the time to fully get all of the details of your case. Once they have obtained all the necessary information, they will discuss the likelihood of success in your case and decide whether we can help you out. If your case is a good fit for our law firm and you want to hire us, we will complete all of the necessary paperwork to begin the case.
Every case is fully investigated upon being retained. We will gather all accident reports, witness statements, photograph, videos, medical records and insurance policies to support your case. We have a team of support staff members to help build your case. We even engage the services of a private investigators and expert witnesses, if needed.
After we complete our investigation, we will file your claim with the responsible party’s insurance company and obtain all policy limits and have a claim number and adjuster assigned. We will then file all the necessary documentation with that adjuster to establish your case. Once the adjuster has had an opportunity to review the case, we will allow the insurance carrier 30 days to make a settlement offer. If that offer is reasonable, we will negotiate with the adjuster to obtain the maximum amount possible for your recovery.
In instances where litigation is necessary, we will file a law suit on your behalf, complete all discovery and set the matter down for trial. Often this will lead to the insurance company making a good settlement offer.
At some point there will either be an acceptable settlement offer or a trial. If a favorable settlement can be reached, we will draft all of the needed paperwork and obtain the settlement funds on your behalf and disburse them to you accordingly. If the insurance company refuses to take responsibility for its insured’s actions, it may become necessary to have a trial. In those situations, we will be ready to present all evidence on your behalf and fight to obtain the compensation that you are entitled to.
Contact a Long Island Work Related Injury Lawyer Today
We have litigated hundreds of employment accident cases over the last two decades. As a result, we’ve become very proficient in handling all aspects of accident litigation. We know all the ins and outs of accident claims and will use our experience to make sure you receive full reimbursement. We handle all job related accident cases on a contingency basis. This means we never charge an upfront fee and only get paid if we win your claim.